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tv   [untitled]    September 15, 2012 12:30pm-1:00pm PDT

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commissioners can speak our mind at any time. i think the presidency is the ability to conduct a meeting in a concise and a efficient way. that is what the presidency is about. not all of us have that still, and we want to have the meetings move on in an efficient way, so to be able to elect somebody who can do that, and that is what the presidency does. the presidency does that and helps with the agenda, but the staff sets the agenda, so the presidency is not a power position or anything like that, so that is why i added the sector part, because not everybody in all sectors has the ability to conduct a meeting well, so that is my reason for having that, and i think we should eliminate that qualification because we each have a chance to talk.
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you do not have to vote that person in. you can vote that person out. this is democracy, and i move that we pass -- i would like to make a motion that we change the bylaws to have the presidency three years and eliminate the sector diversity's stipulation. >> up to three years? we have a motion. is there a second or any further discussion? >> i know last week we have some reservations about not rotating between different sectors, not so much with the three years, but part of it was my understanding of how the process works. today i feel confident in extending it to three years and actually allowing the chain so we do not have to switch back and forth between -- allowing
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change so we do not have to switch back and forth between sectors. it is being able to run a meeting. i like to be able to a let the chair every year. -- to elect the chair. i thing it is billed in each year, so to me that makes me more comfortable about who is the right person at the right time. i think john has been a great share -- chair while i have been here. good >> i want to add that a person should bee here for of least a year. good i move --i move that the
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commissioner should be at least one year. >> that is fine. but i will be long gone, but the one concern i make about that requirement is we might end up with the situation where -- now with a forum we have somebody -- with a quorum you can have everybody that has not been here a year. it is unlikely, but why limit yourself to a rule where you will be incapable of conducting a meeting? i think the commission is more than capable of putting someone in there. if someone is uncomfortable, the rest of us are here to help. we all have our strengths, and i think it would not be a problem by leaving that out. >> i set it my motion.
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>> i will second audrey's motion. -- i second my motion. >> [calling votes] >> item #6, hearing and possible action regarding applications for permits under the interests section of the entertainment commission. a, henry hu milo lounge, 1706 post, a place of entertainment, and maybe we can discuss this before we approve this. i know they had a laundry list of things we were supposed to accomplish before we decide this. >> this item is continued from the july 24, 2012, meeting.
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the purpose was to allow the application to complete additional outreach and to pay citations. citations have been paid. they have conducted at least one cultural orientation in japantown. i do believe the first set of proposed conditions you received several weeks ago when they first appeared were when concerns were at their highest and they were recommending denial, but since then, the applicant and the northern station has come to an agreement. now they are recommending approval. i will let them speak. >> gentleman? >> at the last hearing you requested three items.
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the first is the ticket. we take care of that. the second is security. we of state security -- we updat -- upped security for the weekend. good second is the bartender, and third thing is we have a meeting, so we showed them the venue. we took them to the venue and walk them through the plans, and he is ok with it. i left the card for nicklaus, so you are welcome to talk with him. >> before we hear from the
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police department, to the commissioners have any questions for the applicant? >> i have a question for staff. you included in the binders petition for contacts, but the application was not here? >> it was only for saving the paper. i am happy to show you whatever you want. i have the whole file right here. >> how about these conditions? >> there are no specific conditions, but i will give you the first set as a starting point. >> you want to read them off for us? >> you are going to hire a security company? >> we do.
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>> can you describe the process of your community outrage and maybe some of the things you learn to hearing that? >> -- you learned during that? >> we have about a two-hour meeting with him, so basically something like that. >> you feel like you learn something from their experience over the years with the other owner? >> so far there was one shooting and one got murdered, which was a couple years ago, so we want to keep it a safe neighborhood.
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>> how many residents did you talk to? i see that you talked to lots of businesses, but just one guy from japantown? is that it? >> there was only one resident apartment, so most likely the next door business owner. >> there are several community groups in the area around japantown. >> he was out on vacation, so we left a message. we talk to the secretary, and she does not know when he is coming back, but we left a message. as soon as he comes back, we will contact him. >> maybe if you will just have a
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seat, and we will let the police department -- is there somebody here from the station? >> good evening, commissioners. goowe would like it clearly stad they have a police two personnel while they are doing karaoke, anytime they are doing business. they did show me the of grated video surveillance and were going to provide it, maintain its 430 days. we would also like that as a condition -- maintained it -- maintain it for 30 days.
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we would also like that as a condition. nobody contacted me in a negative manner, so that goes well. the main thing we are looking for is security officers at all times and maintenance. >> may i ask a question? >> you came in here denying this permanenit? >> yes. >> i am wondering why you changed your mind? when were the grounds? >> the objectived their obtainig a permit because they have outstanding citations, which we wanted adjudicated. also, we thought there security plan was totally inadequate, and
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that seems to be rectified, so that is we are asking that it be listed as a condition so that continues to be maintained. we are pretty happy with what they have done. good >> you have sat down with them now? >> a couple times known -- now. >> police are ok with the conditions you have stated here your -- now you have stated. they have done everything you required? >> yes. >> is there any public comment on this item? seeing none, the matter is with the commission. gardne>> you see what it takes n you have been given an order not to have entertainment, and you
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get caught doing entertainment, and when we do our reach, we learned something about the history, even though that particular venue, the lady has owned it for 30 years, so in my case, responsible owners is number one, because we have to learn. we do not start with all this knowledge, so i am glad we go through all this, but that area is very close to me because i party there a lot, -- partied there a lot, but there have been a lot of issues, and i hope they have done a good job so we will be coming over there to do some karaoke. i motion that we ground is permit. >> with stipulations? >> with stipulations that two
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guards and the video and also the good neighborhood policy, as you know. >> you are ok with those stipulations? >> is there a second mnemonic -- a second? >> i just want to say i have misgivings granting of permits. i had this the last time they came. i do not see this as a community outreach. i feel like my concerns are not heard, and i do not see this as moving forward, as a positive thing for entertainment in san francisco.
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when i see would good operators go through to take care of the seriousness of entertainment in san francisco and dealing with the problems we have not only on one side vanilla -- one site but with the city, i am not confident this place should be granted the entertainment permit, and i am not feeling that i got today all whole lot more than i got last time, and i do not know how i feel about it. >> would you feel better if there was another condition that they came back after three months with a permanent? if i feel like we are getting the same results after they come back, and they are unsatisfactory. >> we need a second to discuss this motion. i will second it, and i will say
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the code is very specific about what needs to be in place to deny a permit, continue a permanenit. it would be continued in 45 days? if you want to continue it for a couple months, they get it automatically without this commission, because that is the code, and entertainment is the first amendment right, so unless you can come up with grounds to deny, there are no grounds to deny in my opinion. we can condition it, but i do not see any way we can deny it. >> i would have the same reservations about going forward and having entertainment. they were not supposed to have it.
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it was a slow response, and certainly there is concern about the community. i think it is unique in that it is isolated from the community, so it does not generate the same impact on other places we deal with on a regular basis, and lastly i would say, as well as we can grant the permit, we can take it away, so if this commission approves this commo,e forewarned if you do not comply with everything the police are watching. if it is approved, we are going to expect you to be 100%. any other? >> i just want to remind the commission that when they came to us originally there was also the fact they were operating
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without a permit and lying about who was in charge and who was running the place and having liquor open and available after hours, and i think those are all leading up to a third time coming up here to try to pass a permit. >> my comment is in the very beginning there is a certain idea as far as what they think they can do and what they cannot, and they learn something from that, and if they did not do any of this follow up like we told them to do, i would be in the same position we are in now. as far as residences go, you have got to walk two or three blocks away to hit one.
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on sutter st. there may be one, but the merchants association is pretty tough, so if they got some approvals from them, they are already on the way, and i think the rest of the neighborhood would be falling behind. >> residents to go into the buildings. they do not have to live-in in the vicinity. they serve and residents, and i think offering visitors to the best experience and the safest experience with people who take their commitment seriously is where i am coming from, and not necessarily direct places of living. >> just keeping with the code, 1060.5, this commission has more
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regulatory rights once a permit is granted, and we can enforce the conditions of that permit. if conditions are violated, we can suspend a permit. if they do not have a permit, we do not have the regulatory abilities to deal with them. they have met the burden in my opinion. they met the burden, so i think we have to find something. they say we shall grant the permit. >> we have a motion and a second, and if there is no further comment, can we call the roll? [calling votes]
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>> good luck, and be good. >> i do want to wish you the best of luck. i am just being tough on you. >> you are kind of in a tough mood? >> item 6a, an entertainment permit application. >> this remains on the calendar, even though i am going to ask for a continuance because the commission requires more before they can proceed. >> do we have a motion to continue this? >> so move. >> second. >> [calling votes]
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>> item 6c, james bovis gold dust lounge. >> the gold dust lounge first opened on powell street. it has relocated to jefferson street. the permit would allow entertainment in the form of our house band and saloon-style music. they conduct sound tests. the purpose is to establish an appropriate limits such the neighbors are not disturbed. the applicant took an additional step of having a noise review conducted. the results of the review are included in the materials. communications about neighbors concerned about sound are also in the pack of. there are neighborhood associations, and i will let the
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applicant tell you about his business. good >> i am marsha garland, here to represent gold dust lounge, which got a lot of media attention when it was forced to -- relocate, and its search for an appropriate location, and it sounded on jefferson. the space is 3000 sq. ft.. the business is a 47-year-old family business. it is iconic. it is nationally famous, and the owners have proven over and over again they know how to manage a business, how to manage people, and how to manage noise. they have a solid plan but has been reviewed by the police department. we have conducted extensive research, and that includes
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community business district and the bid, and the tenant alliance coalition, which wants to make sure no attendance are disturbed, and there aren' no residents, so there are no concerns, and also the fisherman's wharf association. we did hear a few weeks ago from the tenant of stairs, the business sense name -- who from the tenant upstairs. we talk with them, and the owner hired a sound consultant to go in and do sound tests, and we have tried to assure the tenants of stairs it is pretty much oldies and goodies and soft jazz and dixieland. there will be a house band, and
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the application has met all of the requirements. the application is still not in its entirety. the building is sound. goothey already were handling security on powell street, so they are familiar with how it is done. most people are supportive or remained neutral. the tenant of stairs was also concerned about garbage and smoking, and all of those are covered in the lease. the new tenant will abide by those conditions. this is the founder and owner of the gold dust lounge. >> i want to thank you. i am sorry, but i was not prepared.
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we have to view your permit. >> i will be 65 this year. do you offer it senior discounts? if not, i would like you to consider that. >> jim, who you want to add anything? >> my name is jim, and we have worked with the bovis family before, and our goal is to keep a safe environment and to do what we have to do. as far as our officers, any location is certified by the state, and they are all insured. >> i have one question.
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i have no doubt this is going to be run as a great business. the guy upstairs is talking about ambiance around -- ambient sound going out onto the street. is the ceiling the floor of an apartment upstairs? >> it is not an apartment. it is a business. >> the house band will be what kind? >> approximately 8:00 in the evening. we do have a sound technician here. >> i am good with it. >> do you want to hear from him? >> we will have a public comment, and if you are finished we will hear from the police department. if they want to enter into this.
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>> good evening. as far as the gold dust, central station does not oppose the permit. they have a 47-year record of performing real well. i even spoke with officer torres, and he says we are really sorry to see them go, so i think it is a good fit. i have spoken with snake about the concerns i could come up with. -- with nick about the concerns i could come up with. one is noise, and they have assured me they will bethe otheg about and they are agreeable is the smoking issue. one of the things i was thinking about, you have a lot of different venues out there. not bad news but you have ripley's believe it or not to the west. if your family, you will want
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not want a bunch of osbournpeope smoking at the end of this sidewalk. it is a hard one. i was trying to brainstorm to see how we could make it work and one of the things we talked about is having their staffing, which talked-about having science. encouraging people to go across the street if they are smoking in large numbers. they have agreed to that. i do not know of that -- if that is conditionable. we are -- to promote that with customers. that we do not have a big smoke cloud. >> it is a big parking lot. so that is perfect. >> is not enforceable but the smoking code says you have to go to the end of the curb. there is no way we can force them to do otherwise. sometimes being a good